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HomeMy Public PortalAbout1978_09_13_R163 TOWN OF LEESBURG IN LOUDOUN COUNTY, VIRGINIA RESOLUTION NO 78-163 PRESENTED September 13, 1978 ADOPTED September 13, 1978 A RESOLUTION: AUTHORIZING AN OFFER TO VIRGINIA KNOLLS COMMUNITY ASSOCIATION FOR AN EASEMENT FOR CONSTRUCTION OF CHANNEL IMPROVEMENTS AND AUTHORIZING CONDEMNATION PROCEEDINGS. WHEREAS, John W. Gibson, Trustee, has submitted a site plan for part of Parcel M, Section 1, of Virginia Village, for the con- struction of three Warehouses; and WHEREAS, the site is partly included in the 100-year flood plain as delineated by the 1973 Soil Conservation Service flood study; and WHEREAS, the site plan was received prior to amendment of the Zoning Ordinance to create the F-1 Flood Zone which restricts cer- tain development within flood hazard areas; and WHEREAS, Council has made the construction of channel improve- ments on Tuscarora Creek off of the Gibson property a condition of Planning Commission approval of the site plan; and WHEREAS, an easement of approximately 10,000 square feet is required from Virginia Knolls Community Association for construction of these improvements; and WHEREAS, the proposed channel improvements will reduce the flood hazard for town lands adjacent to Tuscarora Creek; and WHEREAS, a permit is required from the Town of Leesburg for construction of the portion of these improvements on town property; and -2- WHEREAS, an appraisal of the easement has been received esti- mating its value at $1,500; and WHEREAS, John W. Gibson, owner of part of Parcel M, Section 1, Virginia Village, has agreed to pay all costs related to securing of the required channel improvements easement from Virginia Knolls Community AsSociation and has posted a $3,000 cash bond with the town to guarantee payment of such costs: THEREFORE, RESOLVED, by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. Virginia Knolls Community Association is hereby offered the sum of $1,500 cash for the channel improvements ease- ment described on the plat hereinafter referred to on condition that title to the lands affected is free and clear of all defects, liens, or conditions which could inhibit the use of the area for the purposes intended; the easement will be conveyed according to the plat and description prepared by John P. DiGiulian, Certified Land Surveyor, by good and proper deed with the usual warranties of title; the closing of the transaction shall be within 90 days after written acceptance of this offer; and the Virginia Knolls Community Association shall pay the grantor tax. SECTION II. In the event this offer is not accepted in writing within thirty days from receipt, the Council hereby declares that an essential public necessity exists for the acquisition of the easement by condemnation and right of early entry and does here- by authorize the town attorney to file the requisite petition for condemnation and early entry on behalf of the Town of Leesburg. SECTION III. A permit for construction of Tuscarora Creek channel improvements on town property in conjunction with the -3- improvements required on 'Virginia Knolls Community Association property is authorized. SECTION IV. John W, Gibson shall be required to reimburse the town for all legal expenses relative to the condemnation action authorized herein, including any award for damages and value of the easement. PASSED this 13th day of September , 1978. ATTEST: Kenneth B. Rollins, Mayor Town of Leesburg Clerk of C~n'cil